Allahabad High Court
ROHIT DHANKEDversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is not maintainable because an alternative remedy of appeal exists.
Summary
Rohit Dhanked filed a writ petition under Article 226 seeking a certiorari to quash an order dated 30‑09‑2025 passed by Respondent No.4. The petition alleged that the order was illegal and asked the High Court to set it aside. The State of Uttar Pradesh, as respondent, raised a preliminary objection that the petitioner had an alternative remedy of filing an appeal against the impugned order. The Court held that because an appeal was available, the writ petition was not maintainable. Consequently, the petition was disposed of, with liberty granted to the petitioner to pursue the appeal as per law.
Issues considered
- Whether a writ petition seeking certiorari is maintainable when an alternative remedy of appeal is available to the petitioner.
Subjects
- Writ of Certiorari
- Alternative Remedy
- Preliminary Objection
- High Court Jurisdiction
- Petition Dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13983 of 2026
Rohit Dhanked
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ambuj Maurya, Arya Gautam, Atipriya
Gautam, Sr. Advocate
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
State-respondents and perused the record.
2. The present petition has been filed with the following prayer:
"Issue, a writ, in the nature of Certiorari, quashing the impugned order
dated 30/09/2025 Passed by the Respondent No. 4, (enclosed as
Annexure-1) to the writ petition."
3. Learned Standing Counsel has raised a preliminary objection that the
petitioner has an alternative remedy of filing appeal against the order
impugned.
4. Since the petitioner has an alternative remedy, I am not inclined to
entertain the instant petition.
5. Accordingly, the petition is disposed of with liberty to the petitioner to
avail the remedy as available to him under law.
(Manish Kumar Nigam,J.)
September 8, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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